2021 Georgia Code
Title 40 - Motor Vehicles and Traffic
Chapter 6 - Uniform Rules of the Road
Article 15 - Serious Traffic Offenses
§ 40-6-393. Homicide by Vehicle
- Any person who, without malice aforethought, causes the death of another person through the violation of subsection (a) of Code Section 40-6-163, Code Sections 40-6-390 through 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
- Any driver of a motor vehicle who, without malice aforethought, causes an accident which causes the death of another person and leaves the scene of the accident in violation of subsection (b) of Code Section 40-6-270 commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than three years nor more than 15 years.
- Any person who causes the death of another person, without an intention to do so, by violating any provision of this title other than subsection (a) of Code Section 40-6-163, subsection (b) of Code Section 40-6-270, Code Sections 40-6-390 through 40-6-391, or subsection (a) of Code Section 40-6-395 commits the offense of homicide by vehicle in the second degree when such violation is the cause of said death and, upon conviction thereof, shall be punished as provided in Code Section 17-10-3.
- Any person who, after being declared a habitual violator as determined under Code Section 40-5-58 and while such person's license is in revocation, causes the death of another person, without malice aforethought, by operation of a motor vehicle, commits the offense of homicide by vehicle in the first degree and, upon conviction thereof, shall be punished by imprisonment for not less than five years nor more than 20 years, and adjudication of guilt or imposition of such sentence for a person so convicted may be suspended, probated, deferred, or withheld but only after such person shall have served at least one year in the penitentiary.
(Code 1933, § 68A-903, enacted by Ga. L. 1974, p. 633, § 1; Ga. L. 1976, p. 977, § 1; Ga. L. 1982, p. 1694, §§ 1, 3; Ga. L. 1983, p. 1000, § 15; Ga. L. 1990, p. 2048, § 5; Ga. L. 1992, p. 2093, § 1; Ga. L. 1999, p. 391, § 9; Ga. L. 2008, p. 1164, § 2/SB 529; Ga. L. 2021, p. 228, § 7/HB 534.)
The 2021 amendment, effective May 3, 2021, substituted "Code Sections 40-6-390 through 40-6-391" for "Code Section 40-6-390 or 40-6-391" in subsections (a) and (c). See Editor's notes for applicability.
Cross references.- Homicide generally, § 16-5-1 et seq.
Suspension of driver's license for conviction for homicide by vehicle, § 40-5-54.
Maintenance of separate causes of action for personal injury and property damage caused by single act of wrongful or negligent operation of motor vehicle, § 51-1-32.
Editor's notes.- Ga. L. 1999, p. 391, § 2, not codified by the General Assembly, provides: "This Act shall be known and may be cited as 'Heidi's Law'."
Ga. L. 2008, p. 1164, § 6/SB 529, not codified by the General Assembly, provides that the amendment to this Code section shall apply to all offenses committed on or after July 1, 2008.
Ga. L. 2021, p. 228, § 11/HB 534, not codified by the General Assembly, provides that: "This Act shall become effective upon its approval by the Governor or upon its becoming law without such approval and shall apply to all offenses committed on and after such date." This Act was approved by the Governor on May 3, 2021.
Law reviews.- For article discussing developments in Georgia law of homicide by vehicle in 1977, see 29 Mercer L. Rev. 55 (1977). For survey article on criminal law and procedure for the period from June 1, 2002 through May 31, 2003, see 55 Mercer L. Rev. 117 (2003).
JUDICIAL DECISIONSANALYSIS
- General Consideration
- "Person"
- Pleadings
- Evidence
- Jury Instructions
- Sentencing
OPINIONS OF THE ATTORNEY GENERAL
Time of applicability.
- Provisions of O.C.G.A. § 40-6-393 which merely provide new trial procedures may be applied to all cases tried on or after September 1, 1983, regardless of when the violations occurred. All other provisions can be applied only to defendants whose alleged illegal conduct occurred on or after September 1, 1983. 1983 Op. Att'y Gen. No. U83-52.
RESEARCH REFERENCES
Am. Jur. 2d.
- 7A Am. Jur. 2d, Automobiles and Highway Traffic, §§ 371 et seq., 381 et seq.
Vehicular Homicide, 13 Am. Jur Trials 295.
C.J.S.- 61A C.J.S., Motor Vehicles, § 1660 et seq.
ALR.
- Liability for injury to pedestrian struck by automobile while walking along street or highway, 67 A.L.R. 96; 93 A.L.R. 551.
Homicide by automobile as murder, 21 A.L.R.3d 116.
Admissibility in criminal case of blood-alcohol test where blood was taken despite defendant's objections or refusal to submit to test, 14 A.L.R.4th 690.
Motorist's liability for striking person lying in road, 41 A.L.R.4th 303.
Corporation's criminal liability for homicide, 45 A.L.R.4th 1021.
Alcohol-related vehicular homicide: nature and elements of offense, 64 A.L.R.4th 166.
Establishment of negligence within meaning of statute penalizing negligent homicide by operation of motor vehicle - speeding or driving at unsafe speed, 84 A.L.R.6th 427.
